Brown, Casey Introduce Legislation to Protect Worker Health Care During Strikes – Senator Sherrod Brown

WASHINGTON,
DC – Today, U.S. Sens. Sherrod Brown (D-OH) and Bob Casey (D-PA)
introduced the Striking
Workers Healthcare Protection Act which would require employers to
continue providing health insurance to workers exercising their right to
strike, so working families aren’t forced off the health coverage they’ve
earned and negotiated, and aren’t forced to pay out-of-pocket for potentially
lifesaving health care.

“Too
many times in Ohio and around the country, we’ve seen corporations kick their
workers off their health coverage in an attempt to break a strike. Employers
shouldn’t be able to cut off health insurance for workers and their families or
threaten to as a way to silence workers,” said Sen. Brown. “Threatening the wellbeing of
employees, their families and their communities because they’re exercising
their right to strike for fair pay, good working conditions, and a voice in
their workplace is unacceptable and shouldn’t be a tool employers can use to
break a strike and force workers back into subpar conditions.”

The bill
would create a separate unfair labor practice category, punishable by fines,
for when employers cut or alter workers’ health insurance while the workers are
on strike. The fines would vary based on their history of violations, size, the
scope of the harm, and the public interest.

“When
workers strike, they do so because they’re fighting for a level playing field
for themselves, their coworkers and their families,” said Sen. Casey. “Employers should
be coming to the table and negotiating with workers, not forcing them to choose
between health care and their voice in the workplace. I’m proud to join my
friend Senator Brown to introduce legislation to ensure employers can’t kick
workers off their health care while they’re exercising their fundamental right
to organize.”

As the
pandemic has illustrated, health insurance can be the difference between life
and death, prosperity or financial ruin. As more workers go on strike across
the country, more companies are using this harmful tactic to try to break
worker strikes.

GM dropped workers’ health
insurance, including the coverage of workers in Ohio, during a 2019
national strike.
Members of Bakery,
Confectionery, Tobacco Workers and Grain Millers’ International Union
(BCTGM) Local 37 have been without health care benefits since January 1
while on strike from their jobs at Rich Products at the Jon Donaire
Desserts plant in Santa Fe Springs, California.
During the United Auto Workers
strike last fall, John Deere threatened to cancel the health care coverage
of thousands of striking employees across the Midwest before deciding to
continue that coverage until a final contract was reached with UAW
workers.
Warrior Met strikers
represented by the United Mine Workers of America (UMWA) had their health
care coverage cut off when they went on strike in April 2021 and the union
has been paying the health care coverage for those members since the
strike began.

The
legislation is cosponsored by Sens. Richard Blumenthal (D-CT), Cory Booker
(D-NJ), Tina Smith (D-MN), Chris Van Hollen (D-MD), Sheldon Whitehouse (D-RI),
Ron Wyden (D-OR), and Alex Padilla (D-CA). Companion legislation was introduced
in the House of Representatives by Rep. Cindy Axne (IA-03).

“This
measure will protect workers from having to choose between standing up for what
they believe in and their health care. Some employers reprehensibly use threats
of taking away health care benefits from their workers to discourage strikes.
Our Striking Workers Healthcare Protection Act would hold those employers
accountable while supporting workers in exercising their rights,” said Sen. Blumenthal.

“As
workers across the country strike to demand better wages and working
conditions, employers have increasingly responded by threatening to cut off
their employees’ health insurance,” said
Sen. Booker. “This threat puts the well-being of workers and their families
at risk, especially in the ongoing public health emergency. I am proud to join
this bicameral legislation to better protect our nation’s workers by penalizing
employers who pursue this unfair and unjust practice.”

“Collective
bargaining is a fundamental right, and means workers can get better wages,
benefits and working conditions. Employers should not be able to threaten
striking workers with cutting their health insurance,” said Sen. Smith. “Going after
the health care coverage of workers and their families should be off limits.
This bill is a much needed step towards ending this unfair intimidation
tactic.”

“American
workers’ right to organize and collectively bargain is deeply rooted in our
Constitution and laws. As workers exercise this right it’s unconscionable that
employers would seek to strip them of their health care, threatening both the
lives and livelihoods of workers and their families. This important legislation
would ensure the health care of these workers and their families is not
jeopardized,” said
Sen. Van Hollen.

“Nobody
should have to fear losing their health insurance while fighting for better pay
and working conditions,” Sen.
Wyden said. “The status quo where employers can force their workers to
choose between health coverage for their families and a fair wage has to
change.”

The
legislation introduced today has the support of the American Federation of
Labor and Congress of Industrial Organizations (AFL-CIO), International Union,
United Automobile, Aerospace & Agricultural Implement Workers of America
(UAW), United Food and Commercial Workers (UFCW), Bakery, Confectionery,
Tobacco Workers, and Grain Millers (BCTGM), Service Employees International
Union (SEIU), Communications Workers of America (CWA), United Mine Workers of America
(UMWA), International Association of Iron Workers (IW), United Steelworkers
(USW), and the Teamsters.

“We
thank Senators Brown and Casey for introducing the ‘Striking Workers
Healthcare Protection Act.’ Warrior Met strikers had their health care coverage
cut off when they went on strike April 1, 2021,” said United Mine Workers of America
President Cecil E. Roberts. “The United Mine Workers of America (UMWA) has
been paying the health care coverage for those members since the strike began.”

“The BCTGM
commends Senators Brown and Casey for introducing the ‘Striking Workers
Healthcare Protection Act.’ Workers should not lose their health
insurance for exercising their lawful rights,” said BCTGM President Anthony
Shelton. “The legislation will go a long way to leveling the playing field
for workers in the collective bargaining process.”

“We
thank Senators Brown and Casey for taking this stand on behalf of working
people who bravely put their jobs on the line to win a better future for their
families,” said
AFL-CIO President Liz Shuler. “Employers should not be permitted to
unilaterally alter workers’ union-negotiated health care at any time, let alone
during the national COVID emergency. Guaranteeing access to health care during
a strike is the least we can do to help working families during difficult
times.”

“No
working family should be forced to choose between their right to advocate for
better pay and benefits, and their need for medical care,” said UAW President Ray Curry. “Senators
Brown and Casey’s bill protects working families from corporations that would
seek to use the health care of members as a pressure point against workers who
are advocating for better working conditions. This one simple bill by Senators
Brown and Casey protects the dignity of all working families and we encourage
Congress to take action and pass this common-sense bill. UAW commends the
senators for their unwavering commitment to working people.”

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